Legislative idealism and legal nihilism as factors and conditions for the development of town planning legislation (based on the example of the town planning legislation of Peter I)
https://doi.org/10.31429/20785836-15-4-16-20
Abstract
The relevance of this study is due to modern trends in preserving originality and continuity in the development of legal institutions and legal regulation in general. The development of urban planning legislation, on the one hand, follows the path of following modern, innovative needs and institutions of social development, however, on the other hand, it is necessary to take into account the traditions and fundamental principles established in legal regulation that make it possible to ensure the effectiveness of legal regulation and the formation of a sustainable legal culture based on healthy, free from deformations of the legal consciousness of the population.
Legal idealism and legal nihilism as forms of deformation of legal consciousness throughout the history of the development of urban planning legislation accompanied the formation of its legal institutions. The study of urban planning legislation of the era of Peter I clearly illustrates the connection between legislative idealism and the legal nihilism of the population. A modern legislator on the path of legislative reform also often uses extreme forms of legislative activity, with the legal institutionalization of such forms and phenomena that have not yet developed as public institutions. Thus, the study of historical experience and the results of legislative regulation of urban planning activities under the influence of legal idealism and in conditions of legal nihilism will make it possible to understand the socio-legal factors that determine the formation and establishment of individual legal institutions, as well as to assess the risks and prospects for the effectiveness of legal regulation of this industry as a whole.
About the Author
M. V. ZaritskyRussian Federation
Mikhail V. Zaritsky, Postgraduate student of the Department of Theory and History
Stavropol str., 149, Krasnodar, 350040
+7 (861) 262-37-62
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Review
For citations:
Zaritsky M.V. Legislative idealism and legal nihilism as factors and conditions for the development of town planning legislation (based on the example of the town planning legislation of Peter I). Legal Bulletin of the Kuban State University. 2023;(4):16-20. (In Russ.) https://doi.org/10.31429/20785836-15-4-16-20